Jitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42787 of 2025 Arising Out of PS. Case No.-113 Year-2021 Thana- DERNI BAZAR District- Saran ====================================================== 1.

Jitu Kumar Son of Nandkishor Sah R/o village - Jahagirpur, P.S.- Sonepur, Dist.- Saran at Chapra.

2.

Dilip Sah @ Dilip Kumar Son of Nandkishor Sah R/o village - Jahagirpur, P.S.- Sonepur, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 457, 380, 413, 414, 411 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 11-7-2021 at night unknown accused entered his house and committed theft.

4.

Learned counsel for the petitioners submits that FIR was against unknown and the petitioners came to be implicated during the course of investigation based on

Patna High Court CR. MISC. No.42787 of 2025(2) dt.09-07-2025 2/3 confessional statement of co-accused Jotish Kumar in police custody, which does not have any evidentiary value. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners and also taking into consideration the fact that petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Derni P.S. Case No. 113 of 2021, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation, in that event, the learned trial court shall be at

Patna High Court CR. MISC. No.42787 of 2025(2) dt.09-07-2025 3/3 liberty to cancel the bail bonds of the petitioners. 8.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T